PARAWISE REBUTTAL TO DESW DESPARATE LETTER DATED 18/05/2023 REGARDING TABLE NO 8 OF CIRCULAR 666

 1)     This Department has been receiving several representations of pre-01.01.2016 retirees for making them eligible for revised Group X Pay of Rs. 6200/- which was granted to post-01.01.2016 retired PBORs in implementation 7^th CPC recommendation.

Counter

This is a statement contrary to fact, which can be established with documentary evidence. It is repeatedly alleged by DESW Abintio that the CPC has granted X Group Pay of Rs. 6200 to Post 01/01/2016, the actual fact being negative. Even if this statement is taken into consideration for academic interest, the 7^th CPC itself is not authorised to grant any benefits to Central or Defence employees or veterans. Its recommendation, like the recommendation of any other commission, is recommendatory in nature, which may or may not be accepted by the cabinet since it is not legally binding on the executive. It remains a fact that the entire 7th CPC recommendation was not accepted by the cabinet. Hence, the cabinet-approved recommendations of the 7^th CPC in the cabinet resolution dated September 5, 2016, are only applicable to the defence forces, which are specifically sanctioned for them by the cabinet. Given the fact that the benefits granted under the cabinet-approved recommendations of the 7^th CPC are equally applicable to post- and pre-2016, the relevance of the date 01/01/2016 is only for the purpose of the effective date for both pre- and post-2016.

Paragraph 4(a) of the above cabinet resolution does not divide the veterans between pre- and post-2016. It only divides veterans, whether serving or not, on the basis of their qualification by AICTE or an equivalent qualification by AICTE for the purpose of X Group Pay of Rs. 6200.

There is a deliberate attempt by DESW to distort the recommendations of the 7^th CPC and Cabinet Resolution by denying the enhanced rate of X group pay of Rs. 6200 to pre-2016 veterans. Many AICTE Diploma candidates were directly recruited by the Indian Air Force to technical trades from 1972 onwards, and in-house trained recruits in Air Force institutes were given AICTE equivalent diplomas to all those who passed out of in-house institutes.

2.As per recommendations of the 6^t* CPC, groups X and Y were given a common pay scale w.e.f. 01.01.2006, i.e. they ard at the samé notches in Pay Bands 1 and 2 and receive the same grade pay, with one distinguishing feature viz, ‘X-pay’ to those in Group X.

 

Counter

The concept of X group Pay in Armed forces was conceived for the first time by 6th CPC, abolishing Pay scale differences among the X GP trades and other groups (Y & Z). All the Groups were brought under one pay scale, and X Group pay of Rs1400 was recommended as compensation for technical Trades of Armed Forces, at Par with Civil diploma holder. The formula adopted was the difference in Grade Pay of 2800 in PB1 & Grade of 4200 in PB2 of 6 CPC Pay structure, that is 4200-2800=1400, (6 CPC recommendation (Para 2.3.27)  and was accepted by the GOI. The Ministry of defence through its implementing agency, PCDA Allahabad has implemented the same without any cut of date for pre & post 2006.

 

3.The 7^th CPC vide para 6.2.88 of their Report have recommended:

(i)        X Pay for JCOs/ORs in Group X at Rs. 6200/- PM for all X trades which involve obtaining a qualification which is equivalent of a diploma recognized by AICTE. This amount is the difference in the minimum of the Pay level 6 (corresponding to Grade Pay of Rs. 4200/- in VI CPC) and Pay level 5 (corresponding to Grade Pay of Rs. 2800/- in VI CPC).

(ii)       X Pay for JCOs/ORs in Group X at Rs. 3600/- PM (standard fitment of 2.57 on the existing X pay of Rs. 1400), for those currently in X pay, but not having a technical qualification recognized by AICTE.

Counter

The above paragraphs are the actual facts with respect to the X Group Pay recommendation by the CPC. This portion of the recommendation has been approved by cabinet resolution as it is without any change under cabinet resolution in Paragraphs 4(a) and 4(b). There is no condition as to pre-2016 and post-2016 for X group pay of Rs. 6200 visibly seen neither in the above-mentioned 7^th CPC recommendations nor in the cabinet resolution.

Over & above Air HQ, which is the final authority for imparting training and issuing diplomas with respect to the technical trades of the Air Force X Group, Air HQ/99141/1/AFPCC dated May 8, 2017, has segregated only one of their X group trades, namely "GARUD," eligible for a lower X group pay of Rs. 3600 out of their 30 X group trades. Hence, this is a self-goal and contrary to what is mentioned in Para. 1 of the letter dated May 18, 2023.

 

4.The above recommendation of the 7^th CPC has been accepted by the Govt. and the X Pay of the X-Group personnel was revised accordingly, w.e.f. 01.01.2016. The recommendations of the 7^thCPC are applicable to those personnel who were in service on or after 01.01.2016 and drawing pay in the revised pay scales applicable w.e.f. 01.01.2016. The recommendations of the 7^t* CPC are not applicable to those who have already retired from service before 01.01.2016.

Counter

This Para 4 is contrary to what is mentioned in Para 3. The reason shown in this paragraph is that "the recommendations of the 7th CPC are applicable to those personnel who were in service on or after January 1, 2016, and drawing pay in the revised pay scales applicable w.e.f. January 1, 2016. This statement is an intentional misrepresentation of facts & procedures The recommendations of the 7th CPC are not applicable to those who have already retired from service before January 1, 2016." is not found in any authentic document of either the 7^th CPC or in the Cabinet-approved document of the 7^th CPC. It is intentionally inserted by the respondent to deny the benefit of X Group Pay of Rs. 6200 to pre-2016 veterans. If the recommendation of 7th CPC are not applicable to those who are retired prior to 01/01/2016, what was necessity of revising their Pension on Notional pay method by issuing new Pension Payment order and allowing them the benefit of X Group Pay of Rs 6200 & payment of arrears to them wherever Notional calculation method was more than 2.57 Method. 

                                        

5.Hence, there are two rates of X Pay w.e.f. 01.01.2016 for X-Group Personnel and they are eligible for pension as per reckonable emoluments drawn by them at the time of retirement from service. Reckonable emoluments towards pensionary benefits includes Pay in Pay matrix, Military Service Pay and X-Group Pay & Classification Allowance, if any, drawn by the JCOs/ORs. Accordingly, the JCOs/ORs who have drawn the X Pay of Rs. 6200/- during their service are eligible for benefits of the higher rate of X-Pay in pension also. Others are eligible for lower rate of X-Pay.

Counter

The above conditions given in Paragraph 5, that reckonable emoluments drawn by veterans during their service only are eligible for counting the same in pensionary benefits, are purely a sadistic conception and contrary to service pension rules and regulations. All veterans who retired earlier and are not drawing Military Service Pay or X Group Pay are granted Military Service Pay on the 6^th CPC implementation. This unauthorized and unwritten concept is illegal and cannot be applied to an institution that is an instrumentality of the state.

   

6.In the OROP revision w.e.f. 01.07.2019, the pension of all the Defence Forces pensioners/family pensioners has been re-fixed on the basis of the average of minimum and maximum pension of Defence Forces personnel retired in calendar year 2018 in the same rank with the same length of service. The scheme of two different rate of X Pay has been made operational from 01.01.2016 and the same can be applied prospectively. Hence, separates tables have been prepared for pre-01.01.2016 retirees and post- 01.01.2016 retirees. Pension Table No. 7 applicable for the personnel who retired before 01.01.2016 and table No. 8 has been prepared for those who have drawn the higher rate of X Pay i,e. Rs. 6200/- w.e.f. 01.01.2016.

COUNTER

The statements contained in this paragraph are based on the illegal and unwritten concept of vested interests without application of sound mind and in utter disregard for defence pension rules and regulations, treating veterans as soldiers of alien countries.

7.It may also be pointed out that Hon’ble Supreme Court in its order dated 16.03.2022 in WP(C) No. 419/2016 has observed that “It is not a legal mandate that the pensioners who held the same rank must be given the same amount of pension. The varying benefits that may be applicable to certain personnel which would also impact the pension payable need not be equalised with rest of the personnel.” Hon’ble Supreme Court has also observed that the benefit of new element in a pensionary scheme can be prospectively applied.

COUNTER

The above-mentioned portion of the judgement in WP (C) 419/2016 is quoted out of context here to justify an illegal atrocity committed against veterans. The above observation given in the judgement in the contest of MACP granted to certain veterans in lieu of promotion cannot be claimed by others.

The Direction issued by the HSC in 48 i) is Regarding MACP with Example & 48 ii) is a natural continuation of 48 i) and both should be read together to get a meaning that MACP cannot have retrospective effect. Para 48 ii) cannot be segregated from Para 48 i) to get a universal application of Para 48 ii) for other components which are approved to be based on qualification,

Para 48 ii) has been misinterpreted by MOD with a universal application as a new benefit to deny X Group Pay of 6200 to X group Veterans. The MACP as mentioned in para 48 i) and ii) of Judgement in WP (C ) 419/2016 is based on Number of years of qualifying service ( viz 8,16,24) in leu of not being promoted to next cadre, whereas X group pay is purely based on qualification.

The X Group Pay of Rs.6200 was duly Recommended by the 7th CPC & approved by Cabinet resolution 4 a) dated 05/09/2016 based on qualification only & no mention of it was either made by Petitioners or the respondents in their petitions during the arguments in WP (C) 419/2016. The HSC Observations & any part of HSC Judgement also do not mention the X group pay and its bifurcation between Post & Pre 2016.

 It is not applicable to a homogeneous group of similarly placed X-group veterans of the Indian Air Force. Hence, it is outside the ambit of the above observation made in the HSC judgement. Here, there is no involvement of a new element of benefit since it is an enhancement of an existing benefit, as followed from the 6th CPC to the 7th CPC.

 8.Further, Indian Ex-Servicemen Movement had filed MA No. 499/2023 in WP(C) No. 419/2016 for seeking intervention of Hon’ble Supreme Court in the matter. Hon’ble Court on 17.04.2023 has found the said MA misconceived and dismissed it accordingly in view of Hon’ble Supreme Court Judgement dated 16.03.2023.

 

COUNTER

A careful scrutiny of the HSC order without prejudice in dismissing the intervention Petition MA 499/2023, dated March 17, 2023, reveals that the court has not permitted a third party who tried to intervene in an already decided case to be dismissed as misconceived on technical grounds and that the court did not enter into the merits of the case.

CONCLUSION

 The above letter dated 18/05/2 023 issued by DESW gives rise to an impression that we are living in a totalitarian state where rule of law & court of law have no role to play.

DESW'S DESPERATE DEFENCE FOR TABLE 7 & 8 OF CIRCULAR 666.

AIR HEAD QUARTERS INSITS ON REMOVAL OF CUT OF DATE FOR X GROUP PAY OF RS 6220 AND WRITES TO MOD

Please be careful while drafting the petition for challenging Table 8—don't get into the trap laid by DESW and PCDA.

 At the outset, request that all the legal teams of the litigants be offensive rather than defensive. We have very effective and legally valid documents to substantiate that the revised XGP Pay of Rs 6200 is on the basis of possessing the required qualification, which is well defined in Paragraph 4(a) of the Cabinet Approved Resolution dated September 5, 2016. This is the only authority for the policy-making body of MOD, and they cannot violate the cabinet decision in this regard. The cabinet resolution does not contain any cut-off date.

The respondent cannot take the stand that OROP has nothing to do with any previous government orders which is illegal since OROP is based on the pay of all those who are retired during the calendar year 2018 with their pay and all other reckonable emoluments are based on previous government orders.

We have to challenge them to produce any document that issued by the 7^th CPC for bifurcation of X group with a cut-off date.

The respondent has fixed the pension of all pre-2016 X group veterans as per their vide circular issued on 05/09/2017 on the authority of cabinet resolution dated 05/09/2016 with Rs 6200 as XGP Pay wherever eligible.

The Air Head Quarters has issued Air HQ Circular Air HQ/99141/1/AFPCC dated 08/05/2017showing their trades eligible for XGp Pay of Rs 6200 on the basis of Qualification,

The respondent is wrongly interpreting the revised X group   pay of Rs 6200 under 7th as a new benefit to take advantage of Para 48 ii of the HSC Judgement dated March 16, 2022.

At the same time, the respondent also wrongly stated that the 7^th CPC has divided the XGP Pay between pre- and post-2016 retirees without any valid document or authority. Even if it takes for academic inquiry, if previous government orders are not applicable to OROP, they are making contradictory statements in reply to veteran grievances. The very basis of OROP is taking the Basic Pay & all other reckonable elements drawn by veterans retired during the calendar year 2018 which is based on Previous Govt Order.

The illegal letter issued by DESW dated April 8, 2022, after the judgement in the OROP case is in violation of cabinet resolution dated September 5, 2016, and takes advantage of Paragraph 48 (ii) of the judgement that a new benefit can be bifurcated.

Hence, here we are on the defensive role to prove it is not a new benefit, and the main mission of the MOD is to tie up us in this matter and divert our attention from the matter of qualification-based X pay, which is a nuclear weapon in our hands. This is the reason that neither DESW nor PCDA mention any other reason for the bifurcation of X pay. They want our veterans to fall into the trap laid by them.

We cannot entirely depend on the principle that a Homogeneous group cannot be bifurcated since many courts have given divergent views on this principle, and even the D. S. Nakara case was not allowed to be pleaded in this case by HSC.

I hope the necessity of being offensive with our valid and most powerful document would be wiser than getting into the trap of DESW.

 

PCDA SAYS THEY WILL NOT HONOR THE COMMITMENT / RULES / REGULATIONS MADE BY PREVIOUS GOVT ORDER- ARE THEY PLAYING IN THE HANDS OF POLITICAL OPPONENTS OF THIS GOVT AND WANT TO VOTE OUT THIS GOVT

AN AUDIO VISUAL EXPLANATION OF X PAY CONCEPT

WHERE THERE IS A VIOLATION OF EXICUTIVE ORDER/ HSC DIRECTION- THE NEED FOR JUDICIAL INTERVENTION ARISES

                           BACKGROUND OF X GROUP PAY

 EVOLUTION OF X GP PAY CONCEPT

 1)The concept of X group Pay in Armed forces was conceived for the first time by 6th CPC, abolishing Pay scale differences among the X GP trades and other groups (Y & Z). All the Groups were brought under one pay scale, and X Group pay of Rs1400 was recommended as compensation for technical Trades of Armed Forces, at Par with Civil diploma holder. The formula adopted was the difference in Grade Pay of 2800 in PB1 & Grade Pay of 4200 in PB2 of 6 CPC Pay structure, that is 4200-2800=1400, (6 CPC recommendation (Para 2.3.27) (Exhibit-1) and was accepted by the GOI. The Ministry of defence through its implementing agency, PCDA Allahabad has implemented the same without any cut of date for pre & post 2006.

 MODE OF CALCULATION AND FORMULA USED IN 6 ^th CPC AND 7 ^th CPC

 2)   The above X GP concept and formula evolved by 6^th CPC was also followed by 7CPC by revising the amount of X Pay of Rs 1400 to Rs.6200 for all existing technical trades by taking difference between entry level pay of 7^th CPC Pay level 6 (35400) corresponding to PB-2 of 6^th CPC Pay scale with grade pay of Rs 4200 & the entry level of 7^th CPC Pay level 5 (29200) corresponding to PB-1 of 6^th CPC pay scale with grade pay of Rs 2800. This is the method used to arrive at the figure of Revised X GP Pay under 7^th CPC (35400-29200 = 6200) for all 7^th CPC X GP technical trades. Hence it is established beyond any scope for ambiguity that this is a revision of existing X GP Pay & not a new benefit/ new concept which fall under Principles laid down by the HSC as a new element of benefit.

 This is protected under HSC's laid-down principles governing pensions and cut-off dates contained in

 Paragraph 48 (ii) of WP (C) 419/2016,

 

which reads as follows:

 "(ii) The benefit of a new element in a pensionary cheme can be prospectively applied. However, the scheme cannot bifurcate a homogenous group based on a cut-off date. (Exhibit-2)

 APPLICABILTY OF X GP PAY Rs.6200 AS APPROVED BY CABINET RESOLUTION

 3)  Para 4(a) of the cabinet resolution dated 05/09/2016 which approved the 7^th CPC recommendations and allowed the X GP pay of 6200 do not mention any cut-off date and it also reiterates that it is the corresponding revision from 6^th CPC. The same is reproduced below.

 “Para 4 (a) Group X Pay: The commission Recommends &

             Accepted.

 

X Pay for JCOs/ORs in Group X Pay at Rs.6200 per month: for all X trades which involve obtaining a qualification which is equivalent of diploma recognised by AICTE. This amount is the difference in the minimum of the Pay level 6 (corresponding to Grade Pay of Rs. 4200 in VI CPC and Pay level 5 (corresponding to Grade pay of Rs 2800 in VI CPC (Para6.2.88).”

 Para b) of same Reads as follows:

 “b) X Pay for JCOs/ORs in Group X at Rs. 3600 per month: (standard fitment of 2.57 on the existing X pay of Rs.1400) for currently in X Pay. But not having a technical qualification recognised by AICTE (Para 6.2.88)”. (Exhibit-3)

 The cabinet resolution Para 4 (b) pertains to IAF GARUD which is a Non-technical trade as mentioned vide SL NO 30 of Para 1 of Air HQ Circular Air HQ/99141/1/AFPCC dated 8th May 2017 containing the list trades Eligible for X Group Pay of Rs, 6200 & Rs.3600. As per SL No 30 of above letter only the  non-technical trade of IAF GARUD is eligible for Rs 3600 as X group Pay since this is a newly introduced non-technical trade in lower X group in which Airmen from the existing Y group trades are drawn to perform the highly combatant duties of Counter insurgency & anti-terrorist operations. Since the duties of this group is non-technical in nature & do not Possess any diploma equivalent to any Diploma recognised by AICTE, they are placed in the lower X group trade with lower X group Pay of Rs. 3600 considering their involvement in highly sophisticated combat operations. Hence as per Para (b) of the approved cabinet resolution dated 05/09/2016 & Air HQ Circular Air HQ/99141/1/AFPCC dated 8th May 2017, IAF GARUD is the only Non-technical trade which can be included in Table No 7 of Circular 666 for the lower X GP Pay of Rs.3600.

 4)  Hence it establishes beyond any doubt that the revised X GP Pay of Rs.6200 is also applicable to the existing technical trades of 6^th CPC (Pre-2016) which involves obtaining a technical qualification which is equivalent of a diploma recognised by AICTE from the concerned technical body of three services and it is not a new benefit. Hence it is implied that the diploma issued prior to 01/01/2016 but declared as equivalent to diploma recognised by AICTE will also be eligible for X GP Pay of Rs 6200 as per Para 4 (a) of cabinet resolution dated 05/09/2016.

 AIR HQ APPROVAL OF ALL EXISTING X GP TRADES FOR Rs 6200

 5)   Further it is submitted that Air HQ is the competent authority which decides about the competency of its trades & its equivalency as per eligibility criteria mentioned in cabinet resolution dated 05/09/2016 with respect to Airforce trades. The Air HQ has considered the lower X Group Pay of Rs.3600 as mentioned in the above cabinet resolution only for one of its X GP trades Namely “IAF GARUD” as mentioned in SL No 30 of Para 1 of Air HQ Circular Air HQ/99141/1/AFPCC dated 8th May 2017.  for Para 4(b) of Cabinet resolution dated 05/09/2016 & all other technical trades were equalised within the eligibility norms as mentioned in the Para 4 (a) cabinet resolution were approved eligible under SL No 1 to 29 of Para 1 of Air HQ Circular Air HQ/99141/1/AFPCC dated 8th May 2017. (Exibit-4)

Furthermore, Directorate of Air Veterans has issued AICTE recognised diploma certificates to pre 2016 veterans of Air force technical trades under the authority of AICTE vide their letter No. AICTE/UG/G-41 dated 10^th March 2003. (Exhibit-5)

 

In compliance of this letter Air force Record office revised the X Group pay of all its existing technical trades to Rs. 6200 by issuing new PPO showing it as the revised amount of X Pay Rs.6200. w.e.f.01/01/2016 vide circular No.17(01)/2017/(02) ID(Pension/Policy) dated 05/09/2017 &the eligible Pre016 retirees have been paid same from 01/01/2016.(Exhibit-6)

 BASIC STRUCTURE OF 7 ^th CPC

6)It is brought to your kind attention that the 7^th CPC on its implementation adopted two methods of calculation of Pay & Pension. The first Method was based on Notional Pay basis & the second Method which was an interim measure using a multiplication factor of 2.57 for PBORs of the Armed Forces since all the data required for calculation based on Notional Pay method were not readily available to the Implementation Authority at that time. Subsequently the Notional Pay method which was the Permanent one as mentioned above was implemented by comparing the basic pay from 4^th CPC to 6^th CPC for arriving at the corresponding Pay in the Pay matrices of 7^th CPC including, revised Military service Pay, revised XGP Pay and classification Pay vide DESW Letter No. 17(01)/2017/(02)ID(Pension/Policy) dated 05/09/2017. Accordingly New Pension Payment orders (PPO) were issued by Airforce Record office to all pre-2016 XGP veterans with a condition that whichever is higher will be protected. (Exhibit-7) The revision of ROP as per the Cabinet approved, assent given by President of India notification dated 04/01/2023 and on HSC direction to be carried out by taking the data of those who are retired in the calendar year 2018.The retirees of this this time period have already drawn their Pay/Pension on the basis of notional Pay method with all reckonable elements which constitute the basic structure of 7^th CPC. Hence the OROP is ordered to be revised, based on this data of above retirees, is bound to consider all its reckonable Elements for Pension including revised element of Military service Pay of Rs. 5200 and revised amount of X GP Pay of Rs. 6200 forms an integral Part of OROR revision as per OROP original notification and revision notification.

 The cabinet Resolution No.1((7)/2016/Pay/services) dated 05/09/2016 doesn’t permit/direct anybody to divide the X GP Veterans between pre & post for the eligibility of Rs 6200 & Rs 3600 as X GP Pay. The administrative instruction No. 1(1)/2019/D(Pen/Pol) dated 08/04/2022 reported to have been received by Gts-Tech section, PCDA (P) Prayagraj, from MOD (Exhibit-8) to Bifurcate the X GP veteran on the basis of pre & post 2016 for the purpose of X GP Pay of Rs 6200 & 3600 is arbitrary & illegal. A cabinet resolution with legal backing of an Executive Power cannot be nullified by a mere administrative instruction.

 SALIENT FEATURES MENTIONED OROP REVISION NOTIFICATION

7)The Cabinet approved; President assented & HSC upheld OROP notification dated 04/01/2023 for revision of OROP from 01/07/2019 in its Para 2 states as given here under:

 “2.The President is pleased to decide that next revision of pension under OROP

 

Scheme would be effective from 01/07/2019. Revision of pension is based on the principle adopted in

 MoD letter dated 07.11.2015 which are as under:

 2.1 pension of the past pensioners would be re-fixed on the basis of pension of defence Forces retirees of calendar year 2018 and the benefit will be effective from 01.07.2019.

 2.2. Pension will be re-fixed for eligible Defence Forces pensioners/family pensioners on the basis of the average of minimum and maximum pension of Defence Forces Personnel retired in calendar year 2018 in the same rank and with the same length of service.

 2.3 Pension for those drawing above the average shall be protected.” (Exhibit-9)

 The principle laid down by HSC in Para 48 (ii) of Judgement WP (C) 419/2016 Clearly states as given below:

 “(ii) The benefit of a new element in a pensionary scheme can be prospectively applied. However, the scheme cannot bifurcate a homogenous group based on a cut-off date”. (Exhibit-12)

 CONCLUSION

 8)It is established with authority, facts & figures beyond any room for ambiguity that the revision of a existing benefit of Rs 1400 as Permissible under 6th CPC has been revised to Rs. 6200 in 7th CPC adopting the corresponding formulae for eligible XP veterans of Pre 2016.

 VIOLATION OF NOTIFIED RULES AND ERRORS IN TABLE No8.

 

9)The OROP revision from 01/07/2019 implementation Office memorandum issued by Department of Ex-servicemen welfare with table No.7&8 dated 20/01/2023 (Exhibit-10) & Circular No 666 issued by the Implementing agency (PCDA) has violated the above Principle contained in both the notifications without having any authority to do so & in utter disregard to HSC direction mentioned in this matter. On mathematical Examination of table No. 7 & 8 shows that the basic Pension do not tally for X group trades after deduction of X GP pay for same rank & length of service in table No.7.

 VIOLATION OF HIGHER & LOWER RANK PARITY AS SETTLED BY COURTS

10) Higher rank Higher pay compared to lower rank within same length of service & within the same group principle is also violated between table 7 & 8.

A Junior Rank of Corporal of X group with 15 years of qualifying service for Pension is drawing a Basic Pension of Rs 24928 in Table No.8 whereas his Senior Rank of group X Sergeant with 15 years of qualifying service in Table No 8 is drawing a Basic Pension of only Rs.24160. This is against already settled rules in judgements by courts in many cases. This is an arbitrary & discriminatory Phenomenon whereby a Senior rank drawing higher basic by virtue of his higher Rank as on 30/06/2019 is placed below the basic Pension of his Lower Rank overnight on the dawn of 01/07/2019 in table No.8. what else needed to be explained to show the violation natural justice & decisions of courts various judgements.

 VIOLATION OF CABINET RESOLUTION AND HSC DIRECTION

 

 11) It is brought to your kind attention that by issuing a letter dated 08/04/2022, to PCDA directing them to prepare two separate tables for X group trades of defence veterans for OROP revision from July 1, 2019, on the basis of a cut-off date of 01/01/2016, you have violated the cabinet resolution dated 05/09/2016, by acting against the collective responsibility of the union cabinet.

The Cabinet resolution, Paragraph 4(a), is very clear about the enhancement of X group pay from the existing rate of 1400 to 6200 based on qualification. In utter disregard to the union cabinet decision and HSC judgment in this regard, you seem to have taken the law into your own hands by sending such a letter to the PCDA, which is an implementing agency. If you had any such reservation on the above cabinet decision, you should have raised such an issue in the cabinet itself and sorted it out before the cabinet took any decision in this respect. It is not appreciable on your part to be a party to the cabinet approval and then express your disagreement with it thereafter.

 The Circular No. 585 dated September 21, 2017, reiterates that the revised X group pay shall also be a part reckonable emolument for fixation on a notional pay basis. Furthermore, it uses the term revised XGP Pay," which shows that it is not a new benefit.

The paragraphs 3 and 4.1 of the above circular read as follows:

“3. Revised pension/ family pension of all Armed Forces Personnel who retired/died prior to 01.01.2016, shall be revised by notionally fixing their pay in the pay matrix recommended by the 7th CPC in the level corresponding to the pay in the pay scale/pay band and grade pay at which they retired/ died. This will be done by notional pay fixation under each intervening Pay Commission based on the formula for revision of pay. The revised rates of Military Service Pay, Non-Practising Allowance, where applicable, and ‘X’ Group pay & Classification Allowance for JCOs/ ORs, if applicable, notified in terms of 7th CPC orders, shall also be added to the amount of pay notionally arrived at under the 7th CPC pay matrix and shall be termed as notional reckonable emoluments as on 01.01.2016. While fixing pay on notional basis, the pay fixation formulae (As per Para-4 of MoD letter dated 05.09.2017), approved by the Government and other relevant instructions on the subject in force at the relevant time, shall be strictly followed.

4. Applicability

4.1. These orders shall apply to all the Armed Forces Pensioners/ Family Pensioners who were drawing Service Pension/ Family Pension including Disability Pension, War Injury Pension as on 01.01.2016 under the Pension Regulations of the three Services/ State Forces and various Government orders issued from time to time.”

The MOD letter dated September 5, 2017, as mentioned in the above para, has directed the record offices of the tri services to prepare and issue new PPOs on this authority for payment by PDAs.

If Para 4(a) of the cabinet resolution dated 05/09/2016 is read together with Air HQ letter Air HQ/99141/1/AFPCC dated 08/05/2017, which authorises the X Gp Pay of Rs 6200 and Rs 3600 among its higher and lower X Gp trades, Air HQ letter Air HQ (VB) ACAS (Accts & AV) dated 12/11/2018, which shows the diploma that is equivalent to the AICTE diploma issued to those who enrolled prior to 10/03/2003, and Para 3 to 4.1 of PCDA circular 585 dated 29/09/2017, the cut-date of 01/01/2016 mentioned for the revised amount of X Gp Pay of Rs 6200 in the revision of OROP can be termed as arbitrary, illegal, and discriminatory.

 NEED FOR JUDICIAL INTERVENTION

  

12)The tables No. 7 & 8 in OROP revision as attached in the Appendix to MoD Letter No. 1(1)/2019/ D(Pen/Pol)/Vol-II dated 20/01/2023 do not consider the X Pay @ Rs. 6200 for the Pensionary benefits to the Air force Veterans of ‘X’ Group technical trades which has been Recognized as equivalent to AICTE Diploma and fall under the category of 4 (a) of Cabinet resolution for X Pay of Rs.6200 for those who are retired before 01/01/2016. They have been deprived of and discriminated for the revised X GP Pay of Rs.6200 under both of the above tables in an arbitrary and discriminative manner which calls for judicial intervention to Garand the above benefits to eligible aggrieved X GP veteran (Petitioner).

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